Nicholson v. Pease
Supreme Court of Vermont
This was an action- in general assumpsit for tbe recovery of" the purchase price of certain merchandise. Pleas, the general* issue, with special pleas in bar, which were traversed by tbeplaintiff. Trial by jury at the May Term, 1888, Ross, J., presiding. • The plaintiff was a merchant in the city of Boston, and the-defendant a hotel keeper in the village of Hartford, Yt. The-goods were sold the defendant by one Redlon, a traveling salesman of the plaintiff.
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This was an action- in general assumpsit for tbe recovery of" the purchase price of certain merchandise. Pleas, the general* issue, with special pleas in bar, which were traversed by tbeplaintiff. Trial by jury at the May Term, 1888, Ross, J., presiding. • The plaintiff was a merchant in the city of Boston, and the-defendant a hotel keeper in the village of Hartford, Yt. The-goods were sold the defendant by one Redlon, a traveling salesman of the plaintiff. The defendant claimed by his pleas and, evidence that these goods had been partly paid for by entertainment furnished this Redlon while…
1Opinion of the Court
*537The' opinion of the court was delivered by
Tyler, J.
The defendant’s counsel requested the court to instruct the jury that if they found the facts stated in the plea relative to the $65.50 to be true, the question as to the extent of the agent’s authority did not arise and the verdict should be for the defendant.
The plea contains the following averment in parenthesis: Said Redlon acting therein for him,” which, with the other averments, was traversed by the plaintiff, and thus the -extent of the agent’s authority became a question of fact to be tried. It is urged by defendant’s counsel that the…
2Cases cited4 opinions
- George D. Putnam & Co. v. French & MooreSupreme Court of Vermont · 1881
- Bevis v. HeflinIndiana Supreme Court · 1878
- Aultman & Co. v. LeeSupreme Court of Iowa · 1876
- Thayer v. Central Vermont RailroadSupreme Court of Vermont · 1887
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- Oxweld Acetylene Co. v. HughesCourt of Appeals of Maryland · 1915
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